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we are watching the spike in the dow to see if we can take it to the all-time high we had on october 9, 2007. h hewlitt packard, what a phenomenal run. tyler, tonight, gap report. we have sales force.com and tomorrow of course warren buffett will publish his annual letter and give some indication as to what the dividend strategy should be moving forward. so a lot still to play with and possibly to propel us higher in the market. >> and we have a chart of berkshire hathaway, and of course mr. warren buffett on monday will be on squawk box. dow industrials about 40 points from an all-time high.

that does it for "power lunch." >> yeah, "street signs" with an historic after noon begins right now. >> jc penney doing it wrong. the stock tanking, cash burning, can it be saved? sequester ahead. two mayors with how the cuts will impact their cities. the real story of the shale boom and how you can play it. and by the way, we are watching the dow, mandy, because it could be this hour that we cross over into new all-time highs. >> indeed we are moving at a closer to the dow's all-time high. at this stage less than 40 points away and officially at a new five-year high. dow transports are already as an all-time high. as we wrap up the february trade, gold looks like it is down for the sixth straight month. oil, by the way, down for the first month since october. so lot of great things happening at this hour.

let's get straight down to trading floor. rick santelli in chicago. bob, you think we will make it? all time closing high today? >> my guess earlier today is no. you have money flows coming in and often than an up day. but let me show you what happened to show you how unpredictable things are. we had this blip up here. there is no particular news event i was able to find or anyone was able to identify. if you look at the spider, at etfs among the more actively trading ones, this is s&p 500. you can't see a volume chart but there is a volume spike right here. in other words, buying activity, heavy buying activity came in right there. could you see with the qqq, the nasdaq as well. that's what left the market. i know that's not terribly satisfying until more buyers came in suddenly or big buyer came in but that's what moved the market up. there is no news event. i want to point out the big mover this week, home depot.

ever since earnings report, $63 on the close on a monday. look at it, almost 69. and mandy, historic high is $70 for home depot. way back in april of 2000 that could break it at the next day or so. mandy? >> bob, thank you for that. rick santelli, everyone is waving their arms about whether or not we get to an all-time high. what kind of things is going on in the bond pits. can you match that? >> kind of like ground hog day with different ground rules every ground hog session. so today, as you look at day ten, you can clearly see, paying attention to the fact we are getting so close to that high. i tell you, if we cross through 14,164, i'll bet you, you do a quick bee line to 2% and the ten. over the next couple of days, we play this game again. let's show a chart going back to february of '07 for that dow. there is a lot of debate on this. doug kass had great

observations. many say if you compare it to '07, ty, then we are lateral. if we look at generational low in march of '09, at 6550, wow you really get to see it. but remember, pros tell you never to market time and march of '09 was probably due to selling pressure. no matter how you spin it or why we are juiced going here it is a wonderful historic event to observe. >> it is and we are observing right down to the last minute. thank you very much, rick and bob. >> let's bring in steven nicholas, david -- david does it mean anything to you in we are nearing a a an all-time high. what i like to see is transports, the dow leading us higher, does that mean anything to you? >> yeah, absolutely. i mean, you will get a lot of technical buy calls, brian, because of the dow theory. transports have a lost reasons to get legs right now. they are moving more o oil around this country than they ever have before and we are

still anticipating tail wind you get from hurricane sandy rebuild. which is interesting is if we don't hit an all-time high today, interesting stat that our financial trader pointed out that every friday, for the dow industrials has been an upday. every monday has been a down day. you might want a pair of positions going into the weekend. >> let's reiterate your point. we don't necessarily have to have mom and pop watch cnbc and have a buy order. we have technical issues that may set off the computers that may come in and drive the market up, right? >> absolutely. one of the big factors of the rally last couple of days is that the sequester as ben bernanke said, it's no news. the big focus is on march 27. but a lot of volatility events have been sitting here and slowly falling to the way side. we've got a lot of hedge fund out there in the community that are selling puts. selling their protection. so we are seeing a cycle higher and higher as far as market is

concerned. unfortunately, we need mom and pop to come in because you know, single stock volume is not that strong and that's what the bears are going to be pointing out is that single stock volume not that strong but there is a lot of technical reasons why we ton have legs. >> you raise excellent points there, dave. steve i want to ask you whether or not you are amazed, slashed concerned, by just how teflon this market is. italy is in disarray, whatever, the market doesn't care. you have the sequester tomorrow. again, what ev. there are earnings and outlooks shrugging it all off. are you worried by that? >> i would like to introduce an old school term, goldly locks. we need the goldy locks. the pore yaj not to be to hot and the poreage not to be too cold. the fed rates could end the rally on monday even when the notes came out. o even a possibility there was a discussion of raising rates.

on the other hand if you vpt returned to contagion like in italy with elections going the wrong way and i end up in a situation that the market might go down based on that. but what we have had so far and what we continue to have is geldy locks. as long as we stay here, the market will go -- >> with an unlimited porriage bowl because twice this week we had ben bernanke saying, everything is fine, folks. we have got your backs. >> as mr. draghi said a long time ago, and central bankers made it clear, they will have liquidity. does it force them to stop or does liquidity not work and italian election causes some kind of contagion issue. as long as it strays there way, stocks will go higher. >> guys, bear in mind we have five central banks on tap next

week and three are about to restart or enhance printing presses. boe, ecb is now anticipated and of course boj. another big factor and we have financials leading tape right now, is that we get the c car review from fed. this is comprehensive capital analysis and review. this will allow banks to start raising dividends. cycle more money. all this yield money will chase into financials. there is a lot of factors lining up right now for us to go. but the guest is right. we've got major pmi data coming out overnight and to a degree we need goldy locks numbers to complete this go-in. but next week is looking good for bulls. >> real quick, global rebalancing today. usa was among some of the net cells. any warning signs there for you? >> you know what, usa is definitely getting paired back it a degree. i think we could see some overall weakness, a touch on to the bell as far as that's concerned. but one of the main markets, the buyer, one of the main sectors

globally, the buy are u.s. financials. u.s. financials are breaking out on that today and probably starting to get legs. so what is happening next week. msci might be a relative wash. look for financials to outperform especially if the market slides off the touch. >> thank you for joining us. up next on "street signs," jc penney's tail spin, can anything or anyone turn around this company? cramer has big ideas and he is joining us next. >> big on the gas boom. what companies are poised to benefit the most? well name names. later on, can't miss segment of the day. guys from cnbc crimes. car chasers are here and no offense to them, but they brought those. and we will go out and joyride those things. coming up. you will want to see that, stick around. ♪

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i would find which of the stores that are working like sears is done. we will put money in those stores and close the ones not performing. >> that a s cramer earlier today railing on jcp's tail spin. jim, so basically, you are telling us what you would do if you were ceo of jcp. >> i spent a lot of time thinking about this. i want to be constructive because it is very easy to be destructive about the situation. on any given group of stores, a chain, there are some that are outperforming. you should put your money on those. maybe get out of leases of the other. when you're on the conference call, he tells you it is

working, it is working, it is working. for ones that are working, keep them moving. >> there are only two possible scenarios here as by see it. either the economy is that bad and everybody is losing sales like jc penney, which doesn't look like the case. or jc penney is losing business which means others will gain it. is jc penney's loss a cohl's, sears gain. >> sears not that great a number. kohl's not that great a number. macy's. i think macy eis the correct analog. i know when you spoke to terry lundgren, he will say jc penney. >> is it saveable? >> is j th penny's saveable? >> yes. >> first we have to change the name. you have already alienated all of the old people. have you great merchandise. i was on the website, surfing

the website. they have some great new merchandise. but he has to accept the fact that the old guys are gone. >> i tweeted this out last night. earnings released within line caught my eye. we are working hard to reconnect with old customers. can means, we lost them. >> like gm trying to beat toyota, you can't do it. >> all right, your company name gets longer every time we are on the show. and jan, you know, you forgot more about running retail than most people know. okay? is this the worst single quarter in the history of mass market retail? >> i couldn't come up with bun that was worse. i couldn't come up with a department store with 24% gross margin. yes, it's horrible. but i haven't changed my mind. i've been positive on the guy that's $17 forever. i was negative from 43 to 17. i still think at 17 it's a buy. i don't think they are going

broke. >> how do you lose -- how do you have 32% same store sales drop? >> because they've only got ten shops working and 90% of the store that's terrible. >> are you changing your views on this? you have been here on "street signs" and you said several times you have gotten bullish. you've been gone to stores and encouraged by what you've seen. >> i believe they are a buy at 17 pucks. back to 17 again today. they will have 40 shops in place. i think the shops work. i am not negative on jcp at this price. you know i was very negative at 43 bucks. yes, i wish that ron was down there six days a week and not four days a week 12 hours a day. i wish he wouldn't have picked a fight with my old boss and wish he wouldn't have picked a fight with my o old boss carl icahn. >> who hasn't he picked a fight with. >> how does that happen? this category. high degree of substitutability. when you make a unilateral move

like they made in terms of changing promotion program and pricing schedule, you saw a shift, probably to macy's, kohl's. >> do you believe it still has a strong brand, though? >> absolutely. they have a strong brand because of the infrastructure. 1100 stores. 13 billion retailer and fact we have this conversation is indication that it matters. >> i would have to disagree. i think jc penney lost about 17% of its shoppers because of the change in the sales tactic. my mom, in her early 60s, sorry, mom, she no longer shops at jc penney. she goes to macy's. >> what is the reason? >> they got rid of discounts. despite the efforts to make it cooler, she thinks macy's is -- >> would she go back it jc penney if it brought back the things she liked in the first place? >> i think she's done. and ron johnson is doing good,

with the stores that have done well and boutiques, but they are running out 6 cash to keep doing the stores they need to do so i think time is ticking for them. >> there is no heaven given reason why you have to be at this when you are in retail. my dad sold boxes and bags to retailers for 50 years. there were a thousand customers he had. i went to the invoices in 1984. not a single one was in business when he retired. my dad sold gabberdeen's at gimbles. my mom works at litz. they were kings, gimbles and lits. they were like wanta makers. >> yeah. i hate to focus on, you know, boring old numbers, but i will throw out a few at you. >> why not, i like numbers. >> 908 million. that's about how much cash jc penney's burned through in 2012.

908 million is about how much they have left. unless they do something, is their risk of getting a zero. >> prefer said down 10%. i like to look at preferred because it tends to be more sophisticated than the common. what i worry about is will people get their merchandise for holidays. i think that's where i defer to you three. do you think they will want it give it to them? >> yeah, it is tough. they have to do two things at the same time. they have to go back it what got them there, reinstate discounting programs that got people in the store. at the same time, get to the future very quickly. new merchandise is good. program -- the vision that johnson's vision is strong. question is, do you have the time to get there and if you don't get to people back in the store, at the holidays, at back to school, you may not have a chance. >> we are talking of time, how long do you think the company's got? >> they will run positive comps. if they do, they won't run out of cash or draw on it. they have about $3.5 billion they need to draw on if they need to. they still have asses to the

sell. they won't run out of money. question is, is the turn around going to work? i think it is going to work. >> how can you say that so definitively. they have a credit line, i get that, jan. but they burned through last year as much cash as they currently have. if jc penney went to the debt market, how o much would they have to pay? >> that's the thing. they received notice of default on bonds. they today extend their credit line and there are rumors icahn might be on the other side of those bonds. he is possibly coming in to maybe mess with ackman and i think that's a big problem for them. >> stock bottom had today on rumors that ron johnson is o out. >> who do you think could do a bet are job? >> i think he is a wall of shame. >> i'm available. >> i think that's important. >> he was fired on -- >> wait a minute.

if ron johnson were let go -- this is the savior of jc penney two years ago. apple boy genius comes in from the heavens to save the old retailer. >> if he couldn't, who could? jan, is there anyone you know of on your books that could do this job? >> i've had hicks on my list for a long time. they have cut back too much on expenses. they have changed stores too much. i don't think they can go back to being the old jc penneyes a and i think the old jc penney's is no good. >> it was like just a fool, he was not a fool, a lot of people worked hard. a lot of people lost their jobs. this is a travesty and mr. ohlman -- >> he was the one that did sephora --

>> he did sephora. >> i will defend ron johnson and jc penney right now. you can't turn around a brand that sells 90% funjable goods. however a little minneapolis store called dayton hudson which became patarget which is where n johnson is from. now target is sexy and awesome. can jc penney do that? >> they can. to this question of ron johnson, whether it is ron johnson or someone else, it has to be a transformational vision that can operate moment by moment, day by day, price point war at the same time. that's what happens. you have to change fundamentally to be around in the future and ron johnson has a vision for that. somebody has it lead through the change. >> fantastic round. if only there was a one-hour extravaganza about jc penney. >> how about coupons. >> i but a nice pair of slacks

there. bought a hat there. i like it. sales people were nice. this is the one in harold square. very nice store. >> you can't compare that store. they get all the foot traffic from the subway. >> we have news, herbalife halted for news pending. >> i wanted to know, i went to scott wapner, is this the get ackman trade where acahn ups the stake. herbalife has been up all morning. ackman is on that. or alternatively, there was insider buying. i don't know. >> we will wait to see what that news is. and vanity fair has a piece on ackman versus dan lobe. i read a piece of it last night. excellent. talks about ackman's cockiness and how he makes bets. >> how is -- >> the article is out in about a

week. >> thanks, guys. >> we are on dow, record-closing high watch right now. we are just about 20 points away from the record closing high. the tail of two cities also coming up. how the sequester might impact the heartland. >> and we will talk to the mayors of oklahoma city and des moines. that's all coming up. do stay here with us on "street signs."

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that's right, work deadline. everybody is apparently working for the weekend. our cameras captured members of congress leaving for the weekend. that's not good. the clock is counting down to -- i know, look at that. clock is counting down to sequester and some of america's large et cities will be impacted. two of the mayors are in d.c. banging on the doors of congress to say, enough talk. get a deal done. two of the mayors join us now. oklahoma city mayor, mick cornett, and des moines iowa mayor, franklin cownie. mayors, thank you very much. mayor cornett, first to you. your city is booming. oil and gas is booming. you're doing well. does the sequester matter to -- >> it will slow our growth. you know, our economy is very,

very strong. we can absorb it but we have a lot of jobs around the defense agencies. public and private sector around the large air force base. we will feel will pinch there. they are also cutting very worthwhile programs like community development block grants and i hate to see them do that. i'm all for the spending cuts. they have a spending problem but i wish they are more strategic about what they have chosen to cut. >> what about you, mayor cownie. >> i'm with mayor cornett. we will see big things happen. but i believe we have to be strategic in what we do. one of the areas we will see impacted in a huge way is public housing, for instance. we serve 3500 families wait it is and we got 5300 more on the waiting list. the cuts, as they sit, look and appear like it will affect about 200 families that we may have to take off the roll. there is huge, huge impacts.

>> i do apologize for breaking in. both of you mayors, thank you for joining us. we do appreciate what you said. we are getting breaking news from herbalife. seems like they are increasing the size of their boards. josh, what are we hearing? >> yeah, mandy. this news just crossing. herbalife just announcing reaching an agreement with carl icahn. herbalife to increase the size of its board of directors and nominate two icahn representatives for election to the board. they have been in the middle after big battle between bill ackman who alleges the company is a pyramid scheme and carl icahn. herbalife to increase the size of the board of directors and nominate two icahn representatives. >> thank you for that. we will watch and see what shares are doing. in the meantime, we are keeping our eye on the dows all time closing high. we have about 40 points away from that as where we are sitting right now.

>> but up next, the free ride is kind of, almost over, on pandora. what the company is doing that could make free music listeners, you know, angry and stuff. back after this. [ kitt ] you know what's impressive? a talking car. but i'll tell you what impresses me. a talking train. this ge locomotive can tell you exactly where it is,

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herral life shares are up. and look at that spike. you got the news, they will increase the size of the board. however the big news is that carl icahn under the deal has the right to increase his stake in herbalife to 25%. he hasn't but carl icahn could end up owning mandy, one-fourth of herbalife. look at that stock go. >> in terms of the hedge fund, just got a little bit higher in terms of the stakes. >> punching the gut to bill ackman right there. >> absolutely. getting personal. okay. let's get back to street talk. the stories you need to know about today as we are about 20 point or so away from the high

on the dow jones industrial average. >> numbers coming in lighter, lighter, than the street expected. street looking for like 482. higher cost means margines. gross margins fell. so why is it up, mandy? >> because it is increasing market share here in the good old united states where we are just drinking more and more energy beverages. >> cots for marketing went up. that could drive gains up on the stocks. >> absolutely. let's look at sachs. this is downgrading but still higher. >> morgan stanley lowering full year outlook in part because of higher cost. however, maybe the reason the stock is higher, morgan stanley is not negative long-term. it says these higher costs, like monster beverage should help sales in margins in the future. but in the near term squeeze it so it is kind of an odd call. >> short term gainful, long-term gain is the story there.

taser, moving up on inside of buying. >> no pain for investors today. stock up more than 6.5%. cfo bought about 43,000 shares of the company on february 25 and sold some. 45,000 share sell and 49,000 buy. come out of a net to about 40,000 share increase in his holdings. by the way, stock slightly off its recent highs. which was a five-year high. he is buying, not at the top but close to. >> close to. pandora, uh-oh, what is going on there. >> are you a pandora user? >> i love pandora. i am a pandora user. >> are you a freebee? >> i am a freebee. >> pandora is limiting hours. they clearly want it move people to pandora 1, 36 bucks a month subscription plan.

they are limiting free hours and the stock is not reacting well. >> not reacting well at all. now julia boorstin is on deck. julia? >> that's right, mandy. sources tell me that sometimes this afternoon, facebook will announce it is acquiring a company called atlas solutions from microsoft and that the deal will be valued in the ballpark of around $100 million. this deal has been rumored for a couple of months now and there is a lot of speculation that facebook was buying atlas's cookie technology in order to create an ad network but what sources are telling me, is this is about better measurement that facebook wants the ability to see where consumers go after they leave facebook in order to better understand how well their ads work. to get that information to advertisers and also use it to better improve their ad targeting. so this is another hundred million dollar deal. an huge one but key strategic move to track ad delivery. social media.

the future of -- >> everything. >> everything. take a look at how some social media stocks have been doing since going public. linkedin, that big. best performer. yelp has done nicely too. then, there will be blood. let's go to our milk shake. facebook down 29%. zi zynga down 69% and groupon down 82%. we have two analysts lined up to tell us the real story for each one. let's kick it off for groupon p utah city. straight off the slopes. rocky, you are a notorious groupon hater. how come? >> because it is not a good business. i've been saying this for a year and a half now. they consistently prove that i'm right. if anything, they have proved that i've been too optimistic about their business. i consistently say they are going to do something and they do something worse even before

that. >> what do you think -- sorry. what do you make of andrew mason saying he was proud of the numbers though? what is he proud of, exactly? >> you know, i don't know. i listened to jc penney's ron johnson. at least he is admitting things are wrong at the company. every time i hear andrew and jays son talk, they don't seem to talk that things are horribly wrong at groupon. there is a quote from yesterday that said q4 provided the best evidence yet that customers love groupon. at the same time they are talking about customers deactivating from groupon. lower purchases from existing customers. those are not the signs of customers loving groupon. >> is groupon going to zero, rocky? >> in short term, yeah. in the text couple years. if they don't do something else, i fully expect that. >> rocky, let's get what is happening with linkedin. rick, linkedin has been a heck of an invest many but when there

is a price earnings of more than 100, should we bewarery? >> absolutely. i think one of the big questions with linkedin, it is one of our favorite companies, in terms of strategy and execution. there in lies the problem, the price just keeps getting bid up. >> what is linkedin? i mean that sincerely. is it social media? a sales company? it is really a head-hunting firm in many ways, is it not? >> that's a great point. what they have done today is remarkable. they captured revenues in terms of low-hanging fruit. we have three businesses. hiring solutions or recruiting, which we think will evolve. as we look at their ad platform and ad business, i think one thing we have to realize is linkedin is not facebook. from an advertising perspective, is t is not a platform. we talked about facebook with atlas as an example.

linkedin will be a wall garden in terms of advertising. there are limits to how fast that can grow. >> yesterday coming out with dismal numbers, stock tank, too small to note on cnbc. i think, is linkedin in winning? will they change the dynamic of the recruitment industry? >> i think they have been changing to a great degree. i think they are becoming a have-to-spend as opposed to nice-to-spend for hr groups. i think that is important with the quality of that business. the bigger question is do they fully replace all of the other recruiting funks? executive recruiters we have been talking to is a big no. particularly for c levels. and beyond the white collar executive, looking at blue collar work and i.t. folks for is a lot tougher to find that spend. >> got it. rick, thanks so much for filling us in on linkedin. >> a nice pop on the stock,

guys. there we go. look that. herbalife shares up. coming off a little bit off the retrading highs. carl icahn adding two members to the board of herbalife and can own 25% of the company. i tell you, this between bill ackman who is shorting the company and carl icahn. this is one of the great wall street ego hedge fund titan battles of all time. >> yeah. >> that dramatic enough? >> don't get any better than that. >> that dramatic enough? >> that was dramatic. >> all right. up next, banking on the net gas surge. we will let you know what companies may be set to benefit from the gas boom the most. in the meantime, coming up on "closing bell," a trio of exclusive interviews. will instability in europe throw a wrench into the market rally here in the u.s. well talk to the ceo of france's second largest bank. also, richard fisher, one of the great hawks on the fed,

explains why he is warning the fed the risk stimulus overkill if it doesn't cut back on its bond buying program and soon. and tv bank group ceo ed clark tells us how banks can could be effected if massive spending cuts kick in. "street signs" will be back after this quick break. don't forget, we will see you on "closing bell" at the top of the hour. it's delicious. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. [ robert ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. i know what you're thinking...

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a new report says america's natural gas boom could last for decades. let's talk about which specific companies are best positioned to take advantage. not just short term, folks, but which ones are in it for the long haul. joining us now bill haul, associate editor. who do you think will win from this. >> exxon, bp has a lot prove ducks. you have two oklahoma city independent, devon and chesapeake. if chesapeake stays as independent company, it'll be around for a while. and a smaller company headquartered out of fort worth but does most of its worth in pennsylvania in that is range resources p.m. >> i will tell you what, bill, when exxon does that txto deal, many people said, they are

overpaying. but do they look like geniuses today? >> well that may take a while to prove itself o out. but if it comes back to 5 or $6 yeah, exxonmobil will look like a far far-sighted company. >> what happens with export natural gas? australia does it for example in the form of lng. could this put a fire under the sector? >> i don't know if it could put a fire under it but would put a floor under the prices. we got down as low as 1.80 last year. that's kind of -- you're not make anything money at 1.80 gas. most of the analysts i read predict we will probably get around exporting 6 to 7 bcf, mostly out of the gulf coast. we've got last i counted this morning, we were -- shinear got approval from everybody and i have 12 other companies lined up waiting for energy approval. maybe half will get approval. but doe made it clear, they will

do slow. terminals and permits may come on-line one at a time, slowly over the years. >> exxonmobil and also devon energy and chesapeake. thank you for joining us. >> thank you, sir. making a deal, here to talk about mylan. numbers came in at the top of the range. like guidance, stock pell over five years. using that capital to make deals. agilla, i don't know them, what do they do? >> part of stride out of bang lower, india. one of the sterile injectable drugs. from filings, approvalsing wi, facility producing sterile injectables. it is important around this therapeutic category. >> who are you going after with this deal? >> it will accelerate long-term earnings growth. a target of $6 in 2018. as we continue to double our

business over the next five years, this is an important catalyst to get us there. >> and can i play the role of herb greenburg? herb, i know you -- >> i'm sure he misses me. >> unfortunately, herb's mother passed away pz. >> oh, i'm sorry. >> our thoughts are with you, herb. he has been critical of you guys, how do you know what will happen three and four years from now? >> i don't think it is so much of knowing or a crystal ball of what happens three to five years from now. i do think it is about how you know your business, your platform, the different levers that you have to hit the targets that we have. i hope what herb see says a track record over the last five years. we have grown double-digit growth. 34% eps growth over the last five years and now we are targeting obviously significant growth over the next five years. and it is about now having a global platform that we have integrated. we understand where our voids are, like injectables, very key

edition to our current commercial platform. geographic expansion. having the levers that we have, just as you mentioned. strong cash positions. we now look at song to buy-back to be an important part of our ongoing growth strategy, deployment of cash. so we have a lot of levers that are allowing us to continue to execute and meet our financial -- >> sounds great. what keeps you up at night? what are your concerns? >> what keeps me up at night? everything i can't control. we deal with governments all over, obviously, the globe. you look at austerity measures in europe. overnight can you do price cuts. so what we continued to say is we control what we can control. that putsness a very strong position able to make results. so it bodes well for generic utilization as it continues to rise. >> sounds like you sleep well then. thank you for joining us, heather. >> all right. >> lets elook at what markets are doing. motoring on up.

keeping our eye on the dow for the record high. two stocks set to close at their own all-time highs. which ones are they? >> sounds like a trivia question, mandy. we like it. get your motor running. the car chasers are outside. look at that, '68 camaro. '56 porche spider. i'm going to steal one of those cars after the break.

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as you can see there on the board in front of you, we are 49 point away from the all-time closing high for the dow. sitting at 14,113. we have actually come off a little bit at one point. only 20 points away from that, and your answer to the trivia question before we went to the break was which two dow components are on track for their own all-time highs? the answer, home 3-m. >> news with herbalife, mr. icahn with an ability to interact with up to a 25 boston stake. tim, appreciate joining us on such short notice.

what does this news, if anything, mean to herbalife? >> it means a couple of things. number one, it means herbalife welcome plz icahn to the board and welcomes him to the process of creating value for herbalife shareholders so that's incredibly important. second, not sure whether you can say for sure that mr. icahn has special knowledge as of this point but fairly soon he'll have special knowledge, and i think that will do a lot to make shareholders a whole lot more comfortable, particularly if the special knowledge is followed up with further share purchases. >> what does this mean for ackman? >> well, i think ackman's position has been eroding dramatically. i mean, there's been some great research published recently that has shown that the basic tenet of his argument is just wrong. i think, you know, it's very clear that his interpretation of

what a pyramid scheme is and how herbalife applies to that analysis is just wrong. and, you know, i would think that he's -- he's got to think hard about covering. >> thank you very much for joining us, tim ramey. herbalife is currently up by 6.5%. >> coming up after the break, the car chasers. two guys, two hot cars, one desperate anchor. something's going to happen. stick around. tdd#: 1-800-345-2550 i've been doing a few things for a while that i really love-- tdd#: 1-800-345-2550 playing this and trading. tdd#: 1-800-345-2550 and the better i am at them, the more i enjoy them. tdd#: 1-800-345-2550 so i'm always looking to take 'em up a notch or two. tdd#: 1-800-345-2550 and schwab really helps me step up my trading. tdd#: 1-800-345-2550 they've now put their most powerful platform, tdd#: 1-800-345-2550 streetsmart edge, in the cloud. tdd#: 1-800-345-2550 so i can use it on the web, tdd#: 1-800-345-2550 where i trade from most of the time. tdd#: 1-800-345-2550 which means i get schwab's most advanced tools tdd#: 1-800-345-2550 on whatever computer i'm on. tdd#: 1-800-345-2550 it's really taken my trading to the next level.

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get out of the car and right in my face. you've got to be blown bleep kidding me. >> what's up? >> come in the shop for a minute. >> pulled this thing in, got out of it and look at that. >> [ bleep ]. >> how did that happen? >> it's a ferrari and it's dented, and it's the roof on the curve just above the door of a ferrari. >> that is a clip from cnbc prime's new series "the car chasers" premiering next tuesday. the stars of the show are here now. they have the deal-maker and they got the artist. gentlemen, welcome. you brought along some cool cars. love to talk about the porch and the camaro. let's talk about the show. how exciting was this for you guys to work on? >> super exciting. it exceeded all my expectations. >> oh, yeah. we had a lot of fun. >> so much fun.

>> you're doing a show about something that you love, and whether we're doing it on television or at home, this is what we do. >> it's a competitive world. i've seen some. don't want to give too much away. you're going after ferrari. >> yeah. >> this is a competitive world you guys are in. every nickel matters. >> totally. >> so you guys are kind of like our viewers, investors, kind of looking for the best deal. timing is everything with the stock market. sounds like with you guys, too. >> and time is money, the more money you've got it put into a car before you sell, it tying up your money and your capital, so the faster you can buy something and turn it and make your money back and more. >> how do you know, especially, perry, i'll ask you, the artist. how do you know when a car can be restored to a point where you can sell it for money you? look at some cars and say that's a piece of junk. you see something where you say i can fix that up and turn it into that. >> for me -- >> not all the time. >> this is where the great balance comes in because i love taking stuff that looks like b